[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17486-17488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05281]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0529; EPA-R05-OAR-2022-0685; FRL-10638-01-R5]


Air Plan Approval; Wisconsin; Emissions Reporting and 
Infrastructure SIP Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Wisconsin state implementation plan (SIP) 
revising air emissions reporting requirements codified in Chapter 438 
of the Wisconsin Administrative Code. Additionally, EPA is proposing to 
approve a related infrastructure requirement under section 110 of the 
Clean Air Act (CAA) for the 2012 fine particulate matter 
(PM2.5) and 2015 ozone National Ambient Air Quality 
Standards (NAAQS). The infrastructure requirements are designed to 
ensure that the structural components of each state's air quality 
management program are adequate to meet the state's responsibilities 
under the CAA.

DATES: Comments must be received on or before April 24, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0529 or EPA-R05-OAR-2022-0685 at https://www.regulations.gov, 
or via email to [email protected]. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. For either manner of submission, EPA may publish any

[[Page 17487]]

comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch 
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-0266, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is the background of this SIP submission?

    The Wisconsin Department of Natural Resources (WDNR) submitted a 
SIP revision on July 13, 2015, addressing infrastructure SIP 
requirements for the 2012 PM2.5 NAAQS. EPA proposed approval 
of most elements of the submission on February 19, 2016 (81 FR 8460). 
The public comment period for our proposed rulemaking closed on March 
21, 2016. EPA received two adverse comment letters.
    One commenter stated that ``Compounding the issue of insufficient 
monitoring is the fact that the WDNR does not require industrial 
facilities to provide and report their annual PM2.5 
emissions like they do for PM and PM10. Each facility is in 
the best position to know their actual emissions from the previous 
year, so not requiring a report at the end of the year makes it even 
more difficult to identify any violations. The information needed to 
make that assessment would need to be sought out independently for each 
facility in the entire state, which requires a great deal more work 
than reading a report and comparing it to the limit.'' EPA agreed that 
110(a)(2)(F) was not satisfied in the proposed rule.
    Once the final approval of most elements and deferred action of 
element F was published, WDNR began the rule making process to update 
NR 400.03, 438, and 484.06(4) Wis. Adm. Code and establish 
PM2.5 reporting requirements that satisfy the Federal Air 
Emissions Reporting Requirements (AERR) rule. WDNR held a public 
comment period on the revised rules from September 27, 2021, through 
November 5, 2021, and held a public hearing on October 29, 2021. 
Several adverse comments were received on the additional costs that 
would be incurred by sources to report annual emissions from units, 
operations and activities with de minimus emissions that are not 
required to be reported for permitting, and concerns with the 
specificity of the record-keeping requirements. As discussed further 
below, WDNR broadened language on record-keeping requirements and 
included exemptions for de minimus reporting requirements in the final 
rule submitted to EPA in response to comments received.
    WDNR made submissions on July 13, 2015, August 8, 2016, and 
November 26, 2018, to address infrastructure SIP requirements for the 
2012 PM2.5 NAAQS \1\ and EPA finalized approval of most 
elements for the 2012 PM2.5 NAAQS on December 27, 2016 (81 
FR 95043). Further, EPA proposed approval of most elements for the 2015 
ozone NAAQS on September 30, 2020 (85 FR 61673). EPA did not take 
action on Wisconsin's satisfaction of the infrastructure requirements 
of CAA section 110(a)(2)(F) for the 2012 PM2.5 or 2015 ozone 
NAAQS. This action addresses section 110(a)(2)(F), also referred to as 
``element F'', which pertains to stationary source monitoring and 
reporting requirements for the 2012 PM2.5 and 2015 ozone 
NAAQS. Approving this element would lead to full approval of 
Wisconsin's 2012 PM2.5 NAAQS infrastructure SIP.
---------------------------------------------------------------------------

    \1\ The 2016 submission addressed Prevention of Significant 
Deterioration (PSD) of section 110(a)(2)(C), 110(a)(2)(D), and 
110(a)(2)(J), and was approved on February 7, 2017 (82 FR 9515). The 
2018 submission addressed section 110(a)(2)(D)(i)(I) Prong's 1 and 2 
Transport requirements and was approved on October 4, 2019 (84 FR 
53061).
---------------------------------------------------------------------------

A. Revisions to Emission Reporting Requirements

    On August 3, 2022, WDNR submitted to EPA Board Order AM-31-19 (Rule 
AM-31-19), effective in the Wisconsin Administrative Register on August 
1, 2022. The submission addresses the identified reporting requirement 
deficiencies in NR 438 Wis. Adm. Code and updates administrative 
language in NR 400.03 and 484.06(4) Wis. Adm. Code.
    To satisfy the AERR rule, major sources in nonattainment areas and 
sources with the potential to emit equal to or greater than 100 tons 
per year (tpy) of criteria air pollutants \2\ or ammonia are required 
to report annual emissions, and sources with actual emissions of equal 
to or greater than 0.5 tpy of lead are required to report annual 
emissions of all criteria air pollutants and ammonia regardless of the 
magnitude of emissions. The revision of NR 438 ensures compliance with 
the AERR rule. More specifically, the revision adds the requirement 
that any source directly emitting PM2.5 report annual 
emissions, and the reported particulate emissions (including 
PM10 and PM2.5) must distinguish between 
filterable and condensable particulate matter,\3\ and include fugitive 
emissions.\4\ While these reporting requirement thresholds, established 
based off the AERR rule,\5\ are determined by the potential to emit, 
the revised rule 438 adds the annual reporting requirement of 5 tpy of 
actual emissions of primary PM2.5, adding to the existing 
actual emission reporting requirements for PM10, Carbon 
Monoxide, Lead, Ammonia, Nitrogen Oxides, Sulfur Dioxide, and Volatile 
Organic Carbons.
---------------------------------------------------------------------------

    \2\ The six criteria pollutants are carbon monoxide, ground-
level ozone, lead, nitrogen dioxide, particulate matter, and sulfur 
dioxide.
    \3\ Filterable particulate matter are particles that are 
directly emitted by a source as a solid or liquid at stack or 
releasee conditions and captured on the filter of a stack test 
train, while condensable particulate matter are emissions that are 
vapor phase at stack conditions, but which condense and/or react 
upon cooling and dilution in the ambient air to form solid or liquid 
PM after discharging from the stack. Direct (or primary) particulate 
matter is the sum of the filterable and condensable particulate 
matter emissions.
    \4\ See NR 438.04(5) in the docket of this rulemaking.
    \5\ See 40 CFR 51, subpart A, and 40 CFR 51.122.
---------------------------------------------------------------------------

    To address the comments received regarding emission reporting 
exemptions, NR 438.03(1)(am)3-4 have been created to list emission 
units, operations, or activities that have de minimus emissions and are 
therefore not required to be reported in the annual emissions inventory 
report. Further, NR 438.03(4) was revised based on comments received to 
broaden the required recordkeeping documents from specifically stated 
safety data sheets, technical data sheets, and lab testing results to 
records that include information on the composition and

[[Page 17488]]

quantity of raw materials and waste, including continuous emissions 
monitoring data and audits, and results of stack or performance tests.
    Updates to NR 400.03 and 484.06(4) were included to align with 
Federal emissions reporting terminology and the updated emissions 
inventory process. The update to NR 400.03 incorporates an acronym 
definition used in the revision of NR 438, while the update to NR 
484.06 corrected citations amended in NR 438 to reflect EPA's updated 
emissions factor database.

B. Section 110(a)(2)(F)--Stationary Source Monitoring System

    Section 110(a)(2)(F) contains several requirements, each of which 
are described below.
    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    WDNR requires regulated sources to submit various reports, 
dependent on applicable requirements and the type of permit issued, to 
the Bureau of Air Management Compliance Team. Basic authority for 
Wisconsin's Federally mandated Compliance Assurance Monitoring 
reporting structure is provided in Wis. Stats. 285.65. NR 438 and NR 
439 set forth the minimum emissions reporting requirements that must be 
reported to EPA annually, and monitoring and testing requirements, 
respectively, for applicable facilities. Considering the proposed 
revisions to NR 438, EPA proposes that Wisconsin has met the 
infrastructure SIP requirements of section 110(a)(2)(F) with respect to 
the 2012 PM2.5 and 2015 ozone NAAQS.

II. What action is EPA taking?

    EPA is proposing to approve WDNR's request to incorporate by 
reference the revisions to NR 400.03, 484.06(4), and 438 contained in 
Rule AM-31-19 into Wisconsin's SIP in order to update the emission 
reporting requirements. Further, EPA is proposing to approve 
110(a)(2)(F) of Wisconsin's infrastructure SIP submission, required 
under the 2012 PM2.5 and 2015 ozone NAAQS, based on the 
updated rule submission. Approving this element would lead to full 
approval of Wisconsin's 2012 PM2.5 infrastructure SIP.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference revisions to Wisconsin Administrative Code rules NR 400.03, 
NR 438, and NR 484.06(4) Table 4D Row (a), as published in the 
Wisconsin Register July 2022 No. 799, effective August 1, 2022, 
discussed in section I of this preamble. EPA has made, and will 
continue to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: March 9, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-05281 Filed 3-22-23; 8:45 am]
BILLING CODE 6560-50-P


